Plaintiff Attorney: Eric M. Safire, Esq.
Defendant Attorney: Edward J. Rodzewich, Esq.
Plaintiff Medical: Gilbert Kliman, M.D. (Psychiatrist) San Francisco, Gerald Kaplan, M.D. (Burn Specialist) Berkeley
Defense Medical: None
Plaintiff Expert: David Chomsky (Restaurants) San Francisco
Defense Expert: Dennis Gemberling (Hotel/Restaurant Management) San Francisco
Trial Judge: Hon. Patrick Jon Zika (Alameda¾Oakland)
Trial Time: 2 weeks
Deliberation Time: 2 Days

NEGLIGENCE: POT OF BOILING WATER LEFT NEAR CHILD

November 6, 1997, at 11:30 a.m., plaintiff Carmen Ruvalcaba, a 28-year old nutritionist, and her daughter, Jennifer Gonzalez, a 4-year-old girl, were dining at LY Luck Restaurant owned by defendants Nancy and Enrique Ham. A restaurant employee placed a pot of boiling water on a lazy susan on the plaintiff's table. The pot came off the lazy susan and landed in Jessica's lap, severely burning her. The plaintiffs brought this suit for negligence and the defendants cross-complained against Carmen Ruvalcaba for contributory negligence.

Plaintiff contended the defendants were negligent for failing to supervise and train employees on the standard of care to children. It was negligent to place a dangerous item such as a boiling pot of water, within a child's reach.

Defendant contended the employees of the restaurant complied with industry customs. The tea was knocked over because the adult of the table failed to supervise the child. The defendants did not dispute the need for future plastic surgery.

Plaintiff attorney asked the jury to award $1,200,000 per plaintiff; $2,000,000 to $13,000,000 per defendant. Defense Attorney denied liability and asked that $150,000 be awarded if liability was found.

Injuries: Jennifer: Burns to the genital area, emotional distress
Carmen: Emotional distress.
Treatment: Jennifer: Emergency room treatment, psychiatric care, future reconstructive surgery.
Residuals: Jennifer: Scarring in the genital area, psychiatric care.
Specials: Medical to date: $50,000.
Future medical Jennifer: $200,000
Carmen: $40,000 (per defendant for psychological treatment).

Settlement Talks: Demand $650,000 per plaintiff; $650,000 at mediation raised to $1,000,000 per defendant. Offer $250,000.

Result: $655,000 total; $575,000 to Jennifer; $80,000 to Carmen on complaint.
CROSS-COMPLAINANT VERDICT on cross-complaint. Various Polls. The Jury found the defendant 50% negligent, Carmen Ruvalcaba 25% negligent and third party Rosa Franco (aunt) 25% negligent. After application of Proposition 51, the net award to Jennifer Gonzales was $412,500. After reductions for comparative negligence and the verdict on the cross-complaint, the net result for Carmen Ruvalcaba was that she owed the defendants $12,500 on the cross-compliant for contribution.

Note: Plaintiffs motion for amended judgement was denied. The judgement as to Jennifer Gonzalez has been satisfied. The judgement was waived as to Carmen Ruvalcaba.